SENATE DOCKET, NO. 587        FILED ON: 1/14/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 534

The Commonwealth of Massachusetts

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PRESENTED BY:

Bruce E. Tarr

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act protecting research animals.

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PETITION OF:

SENATE DOCKET, NO. 587        FILED ON: 1/14/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 534

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 2624 OF 2017-2018.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act protecting research animals.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Chapter 140 of the General Laws is hereby amended by inserting after Section 174D the following section:-

(a) Section 174D1/2. As used in this section, the following words shall have the following meanings, unless the context clearly requires otherwise:

“Animal rescue organization”, an organization whose mission and practice is the placement of abandoned, unwanted, neglected or abused animals, that does not obtain dogs or cats from a breeder or broker for payment or compensation and that is an organization exempt from taxation under section 501(c)(3) of the federal Internal Revenue Code or corresponding sections of that code.

“Animal shelter”, a facility operated, owned or maintained by an animal rescue organization that exists for the purpose of receiving, maintaining, caring for, transporting or transferring ownership of a domestic animal, but not a foster home.

“Product testing facility”, a facility that is engaged in animal research for scientific, medical or educational purposes.

(b) Except as otherwise provided in subsection (c), a research institution or product testing facility that intends to euthanize a dog or cat for any purpose other than scientific, medical or educational research shall, before euthanizing the dog or cat, offer the dog or cat for adoption to an animal shelter, an animal rescue organization or through private placement. A research institution or product testing facility may enter into a collaborative agreement with an animal shelter or rescue organization for the purpose of carrying out the provisions of this subsection.

(c) A research institution or product testing facility is not required to offer a dog or cat to an animal shelter or rescue organization pursuant to subsection (b) if the dog or cat: (i) manifests a behavioral or temperamental defect that poses a risk to the health and safety of the public; or (ii) manifests symptoms of a disease, injury, congenital or hereditary condition that adversely affects, or is likely to adversely affect, the health of the dog or cat.

(d) A facility that is required to offer dogs and cats for adoption under this section shall owe no duty of care to an animal shelter or rescue organization that accepts the animal or to a person or entity that adopts those animals, whether through the organizations or through private placement. No assumption of responsibility or liability for injuries, property damage or other damages or losses shall be incurred by a research institution or product testing facility on account of the adoption or placement of a dog or cat pursuant to the provisions of this act.

(e) Nothing in this act shall require a research institution or product testing facility to offer a dog or cat for adoption to an animal shelter, rescue organization or through private placement if the dog or cat is a newborn dog or cat in need of maternal care and not appropriate for adoption.